WTF Happened to the Constitution?! The Right to Privacy in the Digital Age

Presented at DEF CON 19 (2011), Aug. 5, 2011, 11 a.m. (50 minutes)

There is no explicit right to privacy in the Constitution, but some aspects of privacy are protected by the First, Third, Fourth and Fifth Amendments. This presentation will discuss the historical development of the right to privacy, and in particular, the development of the Fourth Amendment; and then compares this historical development to the current digital age. The development of the right to privacy (especially given the historical context of the Fourth Amendment) to our current age requires us to deal with technologically invasive personal searches as airports, searches and seizures of laptops and other computing devices, and how to handle stored communications. It becomes evident very quickly that searches and seizures are not so clear when it comes to bits and where do we go from here?